Armed Protest

[BmorePat87]

(01-14-2021, 10:20 AM)Belsnickel Wrote: With the events of January 6th a week in the rearview mirror and potential armed protests at state capitols all over the country as well as in DC, I have been thinking about armed protests, again. I was thinking about this a couple of years ago when the ACLU announced it would no longer defend groups engaged in armed protests. They said specifically for hate groups in the article, but it is a broader policy.

Anyway, I think we all see peaceful protests as protected speech under the First Amendment. We also know that physical acts of violence are not protected. But threats of violence are also not protected speech. These threats can fall under either incitement or fighting words, which both have some ambiguous definitions in the case law. So the question becomes: is an armed protest a threat?

In my view, the only reason to (openly) carry weapons while protesting is to announce that violence is an option if demands are not met. That is how I infer the presentation of weapons in such a situation. The question is whether or not the threat is specific enough to fall into the exceptions created regarding free speech. Again, with ambiguous case law it isn't the clearest yes or no on a legal stance. We also have to ask whether or not it should be protected speech. Do others infer armed protest in the same way I am, here?

Anyway, these were some of my thoughts, this morning. Honestly, if there were more equity within our firearms laws in this country I would probably not have as much of a problem with armed protest, but because of the way in which gun control disproportionately impacts people of color and the poor I feel like the constitutionality of armed protests leads to perpetuating the suppression of these communities.

There's a lot of reasons why people own and carry guns. Part of that group includes people who have irrational fears and insecurities. I think that's a lot of crossover between that subset and those who engage in armed protest. 

Whether it's insecurities that they feel they have to make up for with a show of force or a fear of [insert boogieman they fear here] taking something from them, they are prepared to use force.